statute barred? and going to court

[Ibiza1]

any advice would be much appreciated. Its regarding old debt that I thought was statute barred.

on the 25/5/17 I received a letter from solicitors regarding debt for a credit card.
on the 14/6/17 I received court papers.
I wrote them a letter to say that the debt was statute barred. I did not admit any liability for the debt.
I received a letter from the solicitor dated 24.8.17 to say that the debt is not statute barred because my last payment was on 11/10/2011 (do not know if this is true, if it was it was when i was having a debt management plan) and because they started proceeding on the 14/6/17 this matter can no longer become statute barred.

What do I need to do as I do not want to go to court.
thank you in advance

[Amethyst]

Re: statute barred? and going to court

Have you acknowledged the claim and filed a defence with the court? If not, you might need to check with the court that a Judgment in default hasn't been awarded. You can call them with your claim number on ..

Telephone 0300 123 1056
or
Telephone 01604 619 400

to check the status of the claim.

Do you have any records relating to your debt management plan, whether this debt was included in it and whether payments were made on 11/10/2011?

[Ibiza1]

Re: statute barred? and going to court

thank you for your reply, I can not find any records from my debt management plan, must have thrown it out.
I have rung the court where i spoke to a helpful lady and said i shouldn't have sent a letter of statute barred to the solicitor I should have sent it to the court. She said for me to email her the letter. no further action has happened with the court unless the solicitor applies for judgement.

[helena]

Re: statute barred? and going to court

thank you for your reply, I can not find any records from my debt management plan, must have thrown it out.
I have rung the court where i spoke to a helpful lady and said i shouldn't have sent a letter of statute barred to the solicitor I should have sent it to the court. She said for me to email her the letter. no further action has happened with the court unless the solicitor applies for judgement.

So whats happened with this case, is it stayed at court,? what did the court lady say she was going to do with the statute barred letter she asked you to email her.?
As Amethyst asked in previous post, did you acknowledge and defend this case?
I find it unusual for court lady to ask you to email the stat barred letter to her. I'm lost with whats going on with this.

[Diana M]

Re: statute barred? and going to court

what did the court lady say she was going to do with the statute barred letter she asked you to email her.?
. . . .
I find it unusual for court lady to ask you to email the stat barred letter to her. I'm lost with whats going on with this.

I expect the court lady told the OP that they needed to file a formal Defence not simply send a letter to the Claimant's solicitors.

It seems the OP was also told that she could email her letter stating the debt was Statute Barred to the court who could accept it as her Defence.

Di

[Ibiza1]

Re: statute barred? and going to court

The lady in the courts asked me to email her the statute barred letter to put this as my defence. I acknowledge the case and thats all.
I have checked with the court and no court date as of yet. I have checked my credit score and the debt is not on my record nor can i find the default dates. I have asked for a break down of last payments to the solicitor and date of last payment and proof of this.

I spoke to citizen Advice and they said that they have never had a case where someone issues court papers but do not do anything else.

[Diana M]

Re: statute barred? and going to court

The lady in the courts asked me to email her the statute barred letter to put this as my defence. I acknowledge the case and thats all.

That's what I assumed had happened from the way you described events.

Your 'letter' saying the debt was Statute Barred was filed as your Defence.

That would then have been sent to the Claimant's solicitors and they would have been told they had 28 days to inform the court if they intended to continue with the proceedings. If they didn't do that within the 28 day deadline the claim would automatically become stayed.

The court doesn't tell you when that happens, so ring them to check the status of this claim.

The only other issue I will raise is that since this debt was a credit card you should immediately send a s 77-79 CCA Request to the Claimant (copied to their Solicitors) to cover all bases in case the debt turns out not to be SB and then you'll have another legal argument to fall back on, although you'll have to file an Amended defence if that's the case. You'll need permission from the court to do that unless the other party consents to it.

Di

[Ibiza1]

Re: statute barred? and going to court

thank you its much appreciated.

[Diana M]

Re: statute barred? and going to court

thank you its much appreciated.

This forum has a Template letter for the CCA Request here > http://legalbeagles.info/library/gui...etter-example/

I would also send a CPR 31.14 Request to the solicitors. If you post up the Particulars of Claim (removing anything which could identify you) then one of the Beagles will help you with that task.

It's surprising how many clients come to us swearing their debt is Statute Barred and then something comes out of the woodwork to kill the legal argument.

Throw everything at them

Di